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Latin American Investment Treaty Arbitration - The Controversies and Conflicts (Hardcover)
Loot Price: R4,716
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Latin American Investment Treaty Arbitration - The Controversies and Conflicts (Hardcover)
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Nowhere in the world has the process of investment treaty
arbitration been more volatile or unpredictable than in Latin
America. Although the rush of bilateral investment treaties (BITs)
entered into by Latin American countries during the 1990s seemed to
promise stable guarantees and security for investors, recent years
have produced an ever increasing number of arbitrations before
international tribunals involving claims by foreign investors
amounting to millions and even billions of dollars. In many cases,
the disputes have arisen from regulatory measures involving matters
of public interest, including the general welfare, health,
environment, security, or economy. In five deeply informative and
challenging essays by well-known authorities in various aspects of
Latin American and/or international investment legal practice, this
book investigates the issues affecting arbitration of disputes
invoking Latin American BITs. In-depth coverage includes the
following:A { emerging controversies and conflicts, as well as the
serious academic debates regarding varying interpretations of
treaty terms by different arbitral tribunals; A { ICSID cases
concluded to date against Latin American States and cases that have
been dismissed on jurisdictional grounds; A { detailed analysis of
non-precluded measures provisions, the state of necessity defence,
and State liability for investor harms in exceptional circumstances
(particularly in connection with water rights); A { a guide for
government officials managing investment treaty obligations and
investor-State disputes; A { procedural and substantive issues that
States should consider in connection with their investment
obligations and the handling of claims; andA { options available to
address investment treaty provisions that States find troubling and
the utility and effectiveness of the recommendations presented.The
book demonstrates that there is a compelling need for States to
develop greater awareness of their investment treaty obligations
with a view to both diminishing the likelihood of claims and
properly managing those that are submitted to arbitration. It
describes the stocktaking process that should form part of any
State A|s efforts to manage its investment treaty obligations and
claims by investors that the State has breached those obligations.
With specific recommendations for the effective administration of
State obligations and investor-State disputes, the book offers
eminently practical utility in addition to its penetrating
theoretical analysis, and as such constitutes an enormously
valuable resource for all parties concerned in Latin American
investment.
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